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Register as a foreigner after 90 days

Posted: Tue Sep 14, 2021 8:21pm
23 replies541 views3 members subscribed
Bubsy

Posts: 43

5 helpful points

Location: Torrevieja

Joined: 1 Aug 2020

I am an over 70 Irish citizen with a holiday home in Torrevieja.  I've been told that if I stay longer than 90 days I should register as a foreigner. I usually stay 6 or 7 months. I pay non resident tax and get my income from Ireland. If I register do I have to show my income and get Spanish health insurance? I assumed the EHIC card covered me. 

killjoy

Posted: Tue Sep 14, 2021 8:31pm

killjoy

Super helpful member

Posts: 1801

1048 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Tue Sep 14, 2021 8:31pm

As an Irish (EU) citizen you do not have to do anything as long as do not obtain any revenue or need to realize any financial transactions other than pauing for your day to day expenses..

Wilbur

Posted: Wed Sep 15, 2021 10:44am

Wilbur

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Posts: 325

470 helpful points

Location: Torrevieja

Joined: 29 Nov 2017

Posted: Wed Sep 15, 2021 10:44am

Hi Bubsy 

You're fine as long as you don't stay beyond 183 days in the fiscal year, if you do then you need to register for tax purposes. 

Fiscal year is 1st Jan - 31st December. 

Regards

Will. 

Relyat

Posted: Wed Sep 15, 2021 5:44pm

Relyat

Helpful member

Posts: 303

211 helpful points

Location: Denia

Joined: 12 Jul 2018

Posted: Wed Sep 15, 2021 5:44pm

To keep yourself right, see here 

Bubsy

Posted: Wed Sep 15, 2021 6:20pm

Bubsy

Original Poster

Posts: 43

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Location: Torrevieja

Joined: 1 Aug 2020

Posted: Wed Sep 15, 2021 6:20pm

Relyat wrote on Wed Sep 15, 2021 5:44pm:

To keep yourself right, see here 

Is there supposed to be more info on this post? 

Relyat

Posted: Wed Sep 15, 2021 6:49pm

Relyat

Helpful member

Posts: 303

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Location: Denia

Joined: 12 Jul 2018

Posted: Wed Sep 15, 2021 6:49pm

Bubsy wrote on Wed Sep 15, 2021 6:20pm:

Is there supposed to be more info on this post? 

Yes there was. The link was missing for some reason. 

Go to http://www.exteriores.gob.es/Portal/en/ServiciosAlCiudadano/InformacionParaExtranjeros/Paginas/Residir.aspx

This will give you the facts. 

Bubsy

Posted: Wed Sep 15, 2021 7:09pm

Bubsy

Original Poster

Posts: 43

5 helpful points

Location: Torrevieja

Joined: 1 Aug 2020

Posted: Wed Sep 15, 2021 7:09pm

This is what is confusing me. The second paragraph specifically.

Relyat

Posted: Wed Sep 15, 2021 7:39pm

Relyat

Helpful member

Posts: 303

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Location: Denia

Joined: 12 Jul 2018

Posted: Wed Sep 15, 2021 7:39pm

Essentially, if you intend to stay in Spain for more than 90 days you should immediately apply for residency upon arrival. In any event, you must apply by the 90th day of your stay. 

Bubsy

Posted: Thu Sep 16, 2021 1:23am

Bubsy

Original Poster

Posts: 43

5 helpful points

Location: Torrevieja

Joined: 1 Aug 2020

Posted: Thu Sep 16, 2021 1:23am

Relyat wrote on Wed Sep 15, 2021 7:39pm:

Essentially, if you intend to stay in Spain for more than 90 days you should immediately apply for residency upon arrival. In any event, you must apply by the 90th day of your stay. 

Ok...so every time I come to Spain for an extended holiday I should go to some office and apply for some sort of residency?  Surely not!  I don't want to break any law. I have an NIE number. Does that suffice?

Davebev1

Posted: Thu Sep 16, 2021 9:22am

Davebev1

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Posts: 1111

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Location: Playa Flamenca

Joined: 7 Nov 2017

Posted: Thu Sep 16, 2021 9:22am

As an EU citizen you can still legally only stay a max of 90 days per visit without applying for residency.  That has always been the case in Spain, but widely abused and not enforced for other EU nationals.  However, you can leave Spain for just a couple of days (visiting France or Gibraltar if you prefer rather than flying back to Ireland), and you can, as an EU citizen return to Spain and start a fresh 90 day stay.  So to stay 'legal' just break you stay with a short/weekend trip to another country.  

As others have said, stay 183 days or more in a calendar year and whether resident or not you become liable for Spanish tax.

Owning a property does not give you any additional rights to longer stays.

Whilst checks on EU nationals overstaying in Spain haven't been commonplace, bear in mind that ETIAS will finally be rolled out next year and you will probably be picked up as overstaying on that new system in the future.

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